Need info on SIS plea bargin????ASAP

[jeaka404]

Statatory Rape and a SIS plea..help ASAP

What is the name of your state? mo.

My boyfriend was arrested in mo. on class c felony, statatory rape, the girl admitted she lied and said that she was 19 when in fact she was 16, he is 26. The DA filled charges, now after 6 months it is time for us to go to court tomorrow, they are wanting him to tke an SIS plea, where the judge does not rule on the case and he serves probation for 5 yrs, after the 5 yrs is up he is free, as if he had never been arrested.
the twist is that he is a student here on visa, and we are curious as to if he takes the sis plea, can he be deported? this is his first offence. Can he travel out of the country if he is on probation? will he be able to go back to india to see his parents?

i just would like to have some information about sis and what happens when you are placed on probation...we live in illinois, but this happened in mo. and we are going to court in the morning. We have to decide what he is going to plea we need help ASAP
Any info is greatly appreciated.

 

[stephenk]

a crime of moral turpitude, like statutory rape, could result in deportation. He should discuss the ramnifications of entering a plea with his attorney.

There is a chance INS/Homeland Security may not catch on that he has a conviction. There is also a better chance that they will catch on and his student visa will be revoked.

Plus, even if nothing happens for the next 5 years, if your boyfriend later tries to apply for citizenship or turn his student visa into a work visa, the conviction will show up on his background check (no matter what the judge says now) and he will face deportation.

while on probation he will most likely not be allowed to leave the state, so forget about going to India, unless he plans on staying in India

 

[jeaka404]

nothing in background check to be found?

I understand what you are telling me, but according to MO law, he will not actually ever be convicted so there would be nothing in a back ground check for them to find.??? Correct?


SIS
The judge will not impose a
sentence and the defendant will
be placed on 5 years of
probation. The defendant
does not have a conviction.
The judge can sentence the
defendant anywhere from 2
to 7 years if the defendant
violates the probation. The
defendant will not have a
conviction if the probation is
completed successfully.

 

[Boxcarbill]

If you know MO law, why ask the question?

 

[HomeGuru]

That's MO, Larry, Curly law.